Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1887-01-17
MAX'S MELANCE.
A Street Wanderers Comments and 0pin-
ions on Subjects of Local
Importance.
A = Interesting Interview on the Dow Law
Discussion of n Police Commission and
the Police JudgeshIp-Other
Topics of Interest.

MI. EarnNaGt WAS one OF tne counsel III IN
oral argument in the Dow liquor law case
appearing for the state at the request of tn
attorney general.
There is considerable diversity of opinion
among attorneys as TO whether manufac
turers of beer, etc, can legally establish
local agencies for the sale of their product.
in quantities of one gallon and more with
out paying the tax and in violation of q
local option ordinance. In Yellow Springs
for instance, VOrce * Blee. of this city,
have an agent in the person of Thomas
Fitzgerald. He pays no tax, understand,
and to escape the penalties of the local Op-
ton ordinance, sells no beer In less quanti-
ties than a gallon. He claims to be a
wholesale agent for VOrce & Blee, and.
consequently. by legal technicality, gets
out of paying the Dow law tax.
Yesterday | asked Mr.. Earnhart whether
the construction which he placed on the
Dow law and on the statutes. would per
init manufacturer to establish local agen-
cies for the sale of his products without
paving the tax. and in violation of a local
option ordinance.
Il do not believe" he replied, that the
letter or spirit of the statutes will author
ize a manufacturer to establish place of
business removed from his manufactOry and
sell by agents, unless he conforms to the
provisions of the law as to taxation, and
not then against local option laws. 1t was
intended that at his place of business
that is, az his manufact0ry-the manufac-
turer should be allowed to make such sales.
but not that he should be permitted to es-
tablish agencies throughout the state. This
is the construction. as | understand it,
placed by the United States revenue officers
upon like acts.
by parity of reasoning if the tax is
required of such agents a prOhibitory ordi-
nance would prevent the carrying on of
such agencies-that Is, the ordinance would
operate against the agencies precisely as il
operates against regular saloons. ANY
other construction of the law would permit
an evasion of the tax and of prohibitOry
ordinances.
The letter of the encouragement on
this subject has. | think. received too broad
an Interpretation. He declared that any
agency established must be good faith
one. This would practically prevent the
of local agencies, but the
safer construction to reach the purposes of
the statute appears 10 me to be that
the manufacturer OF beer, etc,
can sell his products at his
brewery and can canvass for sales, but can
not establish local agencies and engage IN
business at a place removed from his man
ufactory, without paying the Dow law tax,
or in defiance of prohibitory ordinance.
Il have not given this subject the care
ful study would give a case which was
required to investigate, but TINS consuuc-
tion seems TO me To be warranted by the
statute, and 1t certainly gives effect to the
purposes intended.
These utterances, coming as they DO
from one OF such eminent legal attalnments
as Mr. Earnhart possesses, are OF vast
Importance. III thls question Is tested III
the courts. and understand from hlgh au-
thorlty that II Is TO De, the brewers VINO
have established local agencies VIII fnd IL
dlihcult TO escape the payment OF the DOW
law tax, but they VIII make desperate
hight against II.
-
1t there Is any one thing that Springfield
needs more that police Judge II Is pollce
The question OF establishing
a board OF police commissioners IN Spring
held has been agitated for long time, and
once special act creating such a board for
this city was passed by the legislature.
The act did not stand the test OF constltu-
uOnality and II went the way OF much other
special legislation. Special acts are as
good as any other laws, provided that they
stand the crucial test OF the supreme court
but not many OF them get through. 10
those who have ANYTHING To DO with, or any
interest In, the police force, the necessity of
a police commission is apparent Under
the state law, the maNor Is the head OF the
police force and has the power TO appoint
his own officers, but he Is badly handl-
capped by council, which may confirm or
reject the officers appointed by
the mayor. In reality, therefore, the
council in many instances practl-
cally usurps the appolntive power OF the
mayor by refusing to confirm Oficers until
they conform exactly to ITS ideas. The
council is wholly irresponsible body, and
il the officers thus appointed go wrong"
the members are among the first to censure
the mayor for appointing such men. IL
frequently occurs that couLcil, by arbl-
trarily refusing to confirm the mayors ap-
pOintees, dictates the class or men who
shall guard the city. In case the mayor
finds il necessary to suspend an officer and
prefer charges against him, he is placed in
the humiliating position of not being GER
tain that council will investigate or even
pay any attention to the charges. The ge-
NAL cOppers have their friends In the city
council who will stand by them 70 the very
last, and thus the question resolves itself
into pitched battle between the mayor and
council.
The creation of a police commission
would place the police force in the hands OF
five men who, not having their minds troub-
led with modern street crossings and catch
basins, and thousand and one other
things, could handle the force properly.
If charges were preferred against an officer
they would be speedily investigated and the
case promptly disposed OF. The officers
would be the better satisfied and the mem :
bers OF council would be freed from much
worry and yexation.
In the grade now occupied by Springfield